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(영문) 수원지방법원 2016.04.08 2015구합1916
업무정지6월처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a broker who operates a real estate brokerage office under the trade name, “C Licensed Real Estate Agent Office” in Article 101 of the Commercial Code.

B. On October 30, 2014, the Plaintiff was sentenced to a fine of KRW 3 million for criminal facts as follows, and the above judgment became final and conclusive as it is.

(Y) The Plaintiff, in collusion with Nonparty D, was in custody of all documents that can transfer the right of lease of 501 Dong 1402 (Initial LesseeF) E apartment, E, a public rental apartment executed by the Korea Land and Housing Corporation, which is a rental business operator. On July 31, 2009, after receiving KRW 57 million from G, a real estate intermediary, the Plaintiff arranged the transfer of the right of lease of public rental apartment and arranged the sale or exchange of certificates related to the right of lease of rental apartment, the transfer of which is prohibited by the relevant statutes (hereinafter “instant brokerage act”).

C. On July 8, 2015, the Defendant rendered a disposition of business suspension six months (from July 15, 2015 to January 14, 2016) pursuant to Articles 33(5) and 39(1)11 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) on the ground that the instant intermediary act prohibited by the Rental Housing Act was committed against the Plaintiff.

On July 21, 2015, the Plaintiff applied for the suspension of the execution of the instant disposition, and continued to engage in real estate brokerage business until now, upon receiving a decision to the effect that “The execution of the instant disposition is suspended until the judgment of this Court 2015Guhap1916 was rendered (U.S. District Court 2015do388).”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, entry of Eul evidence of Nos. 1, 3 through 8, purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The summary of the main defense is that the Defendant’s period of suspension from office, from July 15, 2015 to January 14, 2016, stipulated the instant disposition.

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